If I am being deposed, don’t I have to be deposed where I live?

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If I am being deposed, don’t I have to be deposed where I live?

My husband’s attorney wants to depose me over 100 miles from my home; family law case is in Miami-Dade County and I live 138 miles from that courthouse in Martin County.  I am the plaintiff if that makes a difference.

Asked on September 8, 2011 under Family Law, Florida

Answers:

FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

All states in this country have rules regarding deposition location set forth typically in the given state's code of civil procedure. In  California, a person's deposition can be taken in the county where he or she lives, or within seventy-five (75) miles of the deponent's residence and where the deposition is set party if the party being deposed does not reside in the county where the lawsuit has been filed.

You need to review Florida's Code of Civil Procedure to see the distance requirement of where the deposition for you is set and how far away this location is from your permanent place of residence. If you have an attorney, you should contact him or her about this issue.

Good luck.


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